United States Patent and Trademark Office
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box 1450
Alexandria, Virginia 22313-1450
www.uspto.gov
APPLICATION NO.
FILING DATE
FIRST NAMED INVENTOR
ATTORNEY DOCKET NO.
CONFIRMATION NO.
09/755,408
01/05/2001
Robert I. Nurse
7903ML
5236
27752 7590 05/02/2007
THE PROCTER & GAMBLE COMPANY
INTELLECTUAL PROPERTY DIVISION - WEST BLDG,
WINTON HILL BUSINESS CENTER - BOX 412 .
6250 CENTER HILL AVENUE
CINCINNATI, OH 45224
EXAMINER
ART UNIT
PAPER NUMBER
DATE MAILED: 05/02/2007
Please find below and/or attached an Office communication concerning this application or proceeding.
PTO-90C (Rev. 10/03)
Notification of Non-Compliant Appeal Brief
(37 CFR 41.37)
Application No.
09/755.408
Applicant(s)
NURSE. ROBERT 1.
Examiner
Stephen J. Castellano
Art Unit
3781
"The MAILING DATE of this communication appears on the cover sheet with the correspondence address-
The Appeal Brief filed on 26 January 2007 is defective for failure to comply with one or more provisions of 37 CFR 41 .37.
To avoid dismissal of the appeal, applicant must file a complete new brief in compliance with 37 CFR 41.37 within ONE
MONTH or THIRTY DAYS from the mailing date of this Notification, whichever is longer. EXTENSIONS OF THIS TIME
PERIOD MAY BE GRANTED UNDER 37 CFR 1.136.
1 . □ The brief does not contain the items required under 37 CFR 41 .37(c), or the items are not under the proper
heading or in the proper order.
2. □ The brief does not contain a statement of the status of all claims, (e.g., rejected, allowed or confirmed,
withdrawn, objected to, canceled), or does not identify the appealed claims (37 CFR 41.37(c)(1)(iii)).
3. □ At least one amendment has been filed subsequent to the final rejection, and the brief does not contain a
statement of the status of each such amendment (37 CFR 41 .37(c)(1)(iv)).
4. □ (a) The brief does not contain a concise explanation of the subject matter defined in each of the independent
claims involved in the appeal, referring to the specification by page and line number and to the drawings, if any,
by reference characters; and/or (b) the brief fails to: (1) identify, for each independent claim involved in the
appeal and for each dependent claim argued separately, every means plus function and step plus function under
35 U.S.C. 112, sixth paragraph, and/or (2) set forth the structure, material, or acts described in the specification
as corresponding to each claimed function with reference to the specification by page and line number, and to
the drawings, if any, by reference characters (37 CFR 41 .37(c)(1 )(v)).
5. □ The brief does not contain a concise statement of each ground of rejection presented for review (37 CFR
41.37(c)(1)(vi))
6. □ The brief does not present an argument under a separate heading for each ground of rejection on appeal (37 CFR
41. 37(0(1 )(vii)).
7. □ The brief does not contain a correct copy of the appealed claims as an appendix thereto (37 CFR
41.37(c)(1)(viii)). .
8. □ The brief does not contain copies of the evidence submitted under 37 CFR 1.130, 1.131. or 1.132 or of any
other evidence entered by the examiner and relied upon by appellant in the appeal, along with a statement
setting forth where in the record that evidence was entered by the examiner, as an appendix thereto (37
CFR41.37(c)(1)(ix)).
9. □ The brief does not contain copies of the decisions rendered by a court or the Board in the proceeding
identified in the Related Appeals and Interferences section of the brief as an appendix thereto (37 CFR
4l37(c)(1)(x)).
10.13 Other (including any explanation in support of the above items):
The claims appendix includes canceled and withdrawn claims. The claims appendix should include only claims rejected
and on appeal.
Primary Examiner
Art Unit: 3781
U.S. Patent and Trademark Office
PTOL-462 (Rev. 9-04) Notification of Non-Compliant Appeal Brief (37 CFR 41 .37) Part of Paper No. 20070423